1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Agent" or "you") and Impact Marketing Group, LLC, a Utah limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the Dwella platform available at dwellarealty.com ("Service").
By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, do not use the Service.
These Terms apply to Agent accounts only. Homeowners who receive text messages through the Service are subject to separate disclosures provided at the time of opt-in.
2. Description of Service
Dwella is a software-as-a-service (SaaS) platform that enables licensed real estate agents to:
- Maintain a database of former homeowner clients
- Collect homeowner home profile data via an intake form
- Automatically generate personalized home maintenance reminder schedules
- Deliver automated SMS text message reminders to homeowners on the Agent's behalf
- Track delivery statistics and homeowner engagement via a dashboard
The Service is intended for use by licensed real estate professionals in the United States. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.
3. Eligibility & Account Registration
To use Dwella, you must:
- Be at least 18 years of age
- Be a licensed real estate professional or authorized representative of a real estate brokerage
- Provide accurate, complete, and current account information
- Maintain the security of your account credentials
You are responsible for all activity that occurs under your account. Notify us immediately at support@dwellarealty.com if you suspect unauthorized access to your account.
We reserve the right to refuse service, terminate accounts, or remove content at our discretion.
4. Subscription Plans & Payment
Plans
Dwella offers three subscription tiers:
- Realtor — $49/month, up to 100 homeowners
- Producer — $200/month, up to 500 homeowners
- Broker — $2,000/month, unlimited homeowners
Free Trial
New accounts receive a 30-day free trial. No credit card is required to start the trial. At the end of the trial period, continued use requires a paid subscription.
Billing
Subscriptions are billed monthly. Fees are non-refundable except as required by applicable law. We reserve the right to change pricing with 30 days' notice to account holders.
Homeowner Limits
Each plan includes a maximum number of active homeowners. If you reach your plan limit, you will not be able to add new homeowners until you upgrade your plan or remove existing homeowners.
5. TCPA Compliance & Agent Responsibilities
By using Dwella to send text messages, you represent and warrant that:
- You have a pre-existing, legitimate business relationship with each homeowner you add
- Each homeowner has provided prior express written consent to receive automated marketing text messages
- You will not add homeowners who have previously opted out of communications from you
- All phone numbers you provide are accurate and belong to the intended recipients
- You will comply with all applicable federal, state, and local laws governing electronic communications, including the TCPA, CAN-SPAM Act, and any applicable state telemarketing laws
Impact Marketing Group, LLC is not liable for any TCPA violations or other legal claims arising from your use of the Service. You agree to indemnify, defend, and hold harmless Impact Marketing Group, LLC from any claims, damages, or expenses arising from your failure to comply with applicable law.
6. Acceptable Use
You agree not to use the Service to:
- Send unsolicited or spam messages
- Contact individuals who have opted out or requested not to be contacted
- Impersonate any person or entity
- Send false, misleading, or deceptive content
- Violate any applicable law or regulation
- Interfere with or disrupt the Service or servers connected to the Service
- Attempt to gain unauthorized access to any part of the Service
- Resell, sublicense, or transfer access to the Service without our written consent
- Use the Service for purposes other than legitimate real estate client communications
We reserve the right to suspend or terminate accounts that violate these acceptable use standards without refund.
7. Intellectual Property
The Dwella platform, including its design, software, text, graphics, and logo, is owned by Impact Marketing Group, LLC and protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during your active subscription.
You retain ownership of the data you input into the Service (homeowner lists, personal notes, etc.). By using the Service, you grant us a limited license to process that data solely for the purpose of delivering the Service to you.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Service will be uninterrupted or error-free; (b) all text messages will be delivered successfully; (c) the Service will meet your specific requirements; or (d) any errors will be corrected.
SMS delivery is subject to carrier availability and Twilio service terms. We are not responsible for undelivered messages due to carrier issues, invalid phone numbers, or Homeowner device conditions.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMPACT MARKETING GROUP, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Impact Marketing Group, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, including the TCPA; or (d) your infringement of any third-party right.
11. Term & Termination
These Terms are effective upon account creation and remain in effect until terminated. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.
We may suspend or terminate your account immediately if you: violate these Terms, engage in fraudulent activity, fail to pay subscription fees, or use the Service in a manner that creates legal liability for us.
Upon termination, your right to access the Service ceases. We will delete your account data within 90 days of termination as described in our Privacy Policy.
12. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in Davis County, Utah, under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
You waive any right to participate in a class action lawsuit or class-wide arbitration.
13. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Impact Marketing Group, LLC regarding the Service.
- Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
- Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to any successor entity.
- Changes: We may update these Terms from time to time. Continued use of the Service after changes constitutes acceptance. We will provide 30 days' notice of material changes via email to registered Agents.
14. Contact Us
Questions about these Terms? Contact us at:
- Email: legal@dwellarealty.com
- Mail: Impact Marketing Group, LLC
717 North 1550 West
Kaysville, UT 84037